N NATARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WRIT Petition No.26022 of 2010 has been filed praying to issue a WRIT of Mandamus directing the respondents to compute the service of the petitioner as Secondary Grade teacher from 13.11.1997 to 1.6.2003 in the 4th respondent school for pensionary benefits on the basis of the representation dated 30.10.2010 in the light of the order passed in W.P.21446 of 2010, dated 21.9.2010 in the case of M. Elangoven vs. The Director of School Education and others.

(2.) WRIT Petition No.26023 of 2010 has been filed praying to issue a WRIT of Mandamus directing the respondents to compute the service of the petitioner as Secondary Grade teacher from 2.6.1997 to 1.6.2003 for pensionary benefits on the basis of the representation dated 30.10.2010 in the light of the order passed in W.P.21446 of 2010, dated 21.9.2010 in the case of M. Elangoven vs. The Director of School Education and others.

(3.) THE issue involved in these cases are regarding the applicability of the pension scheme to the petitioners taking note of the earlier service prior to 2.6.2003 for educational performance. THE very same issue was considered by me in W.P.Nos.26933 and 26934 of 2007 and by order dated 23.4.2008, it was held that G.O.Ms.No.430, Finance Department, dated 6.8.2004, cannot be applicable to the persons appointed prior to 1.6.2003. Similarly placed persons like the petitioners having been appointed between the period from 17.5.1995 to 19.5.1998, they are entitled to get their service counted for the purpose of pension. THE said order of mine was followed by P. Jyothimani, J., in W.P.(MD) No.1375 of 2010, dated 3.3.2010, K. Suguna, J., in W.P.(MD) No.5174 of 2008, dated 30.6.2008, S. Nagamuthu, J., in W.P.(MD) Nos.7263 & 7264 of 2008, dated 16.12.2008, M. Sathyanarayana, J., in W.P.(MD) No.10447 of 2008, dated 16.7.2009 and recently I have passed an order in W.P.No.21446 of 2010, dated 21.9.2010.